The Board's power to grant variances from the dimensional provisions of the Zoning Code, including by way of example, lot size, width, setbacks, parking requirements and height, shall be in harmony with the intent and purposes of the Code, as provided below.
(A) Variance standards. Variances from the terms of the Code shall be granted only where the applicant shows that the strict application of a zoning requirement causes practical difficulties in the use of the property. The factors to be considered and weighed by the Board in determining whether a property owner has encountered practical difficulties in the use of the property include, but are not limited to:
(1) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(2) Whether the variance is substantial;
(3) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
(4) Whether the variance would adversely affect the delivery of governmental services such as water distribution, sanitary sewer collection, electric distribution, storm water collection, or refuse collection;
(5) Whether the property owner purchased the property with knowledge of the zoning restriction;
(6) Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
(7) Whether the existing conditions from which a variance is being sought were self-created; and
(8) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
(B) The Board shall determine, after weighing the factors described above and any other factors the Board deems relevant, whether the property owner has shown practical difficulties so inequitable as to justify granting a variance to the property owner.
(Res. 21-1165, passed 7-20-21)